Description

This annual conference of the ICC Institute of World Business Law will gather international business practitioners, legal experts and academics to deliberate on the topic of Hardship and Force Majeure in International Commercial Contracts. This conference will offer not only a line-up of top-class speakers, topical discussions and relevant news, but also an excellent opportunity to network.

The Institute will also publish Hardshipand Force Majeure in International Commercial Contracts (Dossier XVII of the Institute series). Prepared by some of the key speakers, each participant will receive a free copy as part of their conference materials.

Who should attend?

Practising lawyers, corporate counsel, arbitrators, mediators, business professionals and academics from around the world.

Programme

The evolution of the rules on hardship: from the first study on hardship clauses to the enactment of specific rules The “discovery” of hardship clauses in the study group on international contracts (1975) and the academic discussion ensuing after its publication. The inclusion of provisions on hardship in the Unidroit Principles and Lando Principles. Legislative developments in recent years (France, Germany).

09:50 – 10:30

The point of view of business regarding contract adaptation by courts/arbitrators in case of hardship Is it acceptable to run the risk that a court or arbitral tribunal adapts the contract conditions in case of hardship? Most businessmen strongly disagree with this option, which is considered too dangerous. Others (and in particular those who may face a hardship situation), are more favourable. The ICC hardship clause does not provide the possibility of adaptation, but only (as sole remedy) the contract termination. The task force which is revising the 2003 force majeure and hardship clause, will have to decide whether to include the adaptation by courts as an alternative solution.

10:30 – 11:00

Questions and answers

11:00 – 11:20

Coffee Break

11:20 – 11:40

The adaptation of international contracts by arbitrators: realities and perspectives Adaptation of contracts in the absence of an express clause providing for adaptation and/or of provisions on hardship in the applicable law? Are domestic rules on hardship mandatory? Can adaptation by the arbitrator be excluded? The arbitrators’ role in adapting contracts and its limits.

11:40 – 12:10

Rules on force majeure as illustrated in recent case law A short overview of the various approaches under domestic law: impossibility of performance, frustration of contract, impracticability; significance of contractual force majeure clauses. The force majeure excuse under the CISG and the Unidroit Principles. Illustration by recent case laws.

12:10 – 12:30

Questions and answers

12:30 – 14:00

Lunch

14:00 – 14:30

Drafting force majeure clauses: common law and civil law approach The way of drafting force majeure clauses tends to be different in a civil law or common law environment. In the first case more importance is given to the general definition of force majeure; in the second, to the listed events. The trend towards compromise solutions which consider both aspects.

14:30 – 15:00

The approach to force majeure and harship in Middle East and African countries Is there a common trend in interpreting and applying force majeure clauses? Possible influence of principles and laws of Islamic, Middle Eastern and African states.

15:00 – 15:20

Analysing the ICC 2003 force majeure clause Structure of the clause: the relationship between the general definition and the listed events. The three basic requirements: impediment beyond control; unforeseeability, unavoidability and the reference to reasonableness. Consequences of force majeure. Temporary impediment and contract termination.

15:20 – 15:50

Questions and answers

15:50 – 16:10

Coffee Break

16:10 – 16:30

The revision of the ICC force majeure and hardship clause A working group of the ICC Commission on Commercial Law and Practice is revising the 2003 force majeure and hardship clauses. A member of the working group will present the main changes discussed and the options considered in the revision.

16:30 -16:50

Force majeure clauses and their relationship with the applicable law, general principles of law and trade usagesForce majeure clauses may be stricter or wider than the rules of the applicable law. Can a party invoke the stricter legal rules? What is the relationship between the force majeure clause and general principles of law or trade usages?

16:50 – 17:10

Economic sanctions and force majeureThe focus of this session will be on some substantive issues that typically arise, in arbitration and court proceedings, in the context of a contractual dispute triggered by a party’s failure to perform its obligations following the imposition of an economic sanctions programme. The characterization of economic sanctions from a private law perspective will be briefly discussed. Two main questions will then be addressed, namely whether a party prohibited by a sanction from performing its obligations may be granted exemption from liability for non-performance, and whether performance must invariably be resumed under the original contractual terms, if at all, once a sanction is lifted.

Group rates: Register 5 persons from the same company and pay for four. In-house Counsel, full time Academics and Government representatives may benefit from a 30% discount. Please contact events@iccwbo.org for more details.

Travel and accommodation

Travel and hotel expenses are not included in the registration fees. Participants are responsible for making their own travel arrangements and hotel reservations. A list of hotels in Paris , with which ICC has negotiated preferential room rates, will be sent to you upon receipt of the registration.

Visa

We are able to dispatch visa invitation letters to support your visa application only after receipt of your registration online.

Credits and hours

ICC Training and Conferences is eligible for CLE credit under New York ‘s approved jurisdiction procedures, is a State Bar of California approved MCLE provider and is an accredited CPD provider by the Bar Standards Board of England and Wales.

Cancellation policy

50% of the registration fee will be refunded if notice of cancellation is received in writing before Friday 26 October 2018. Cancellations after this date are not refundable.Subject to agreement from ICC Training and Conferences prior to the event, the registration may be transferred to another person from the same company or organization at no extra charge. Updated registration information will be required. Please be informed that any form of cancellation will incur a cancellation fee of €5 + 2.75% of the registration fee which must be covered by the participant. Please note that ICC Services reserves the right to cancel this event or to make minor alterations to the content and timing of the programme or to the identity of the speakers. In the unlikely event of cancellation, delegates will be offered a full refund. ICC Services will not, however, be held responsible for any related expense incurred by the participant.

Disclaimer

The photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for informational or promotional purposes in printed materials or online, including on ICC websites and in social media. Participation in the meeting/event implies agreement to such use of photos or audiovisual recordings in which the participant may appear unless ICC Services receives written notification to the contrary.